SUNDARESAN ALIAS MEGANATHAN ALIAS MEGA Vs. STATE

JUDGEMENT

(1.) THE accused in Crime No. 211 of 1993 on the file of the inspector of Police, R4 Pondy Bassar Police Station, Madras has filed this petition for grant of bail under Section 439 of the Code of criminal Procedure.

(2.) THE petitioner stands charged for on offence punishable under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as NDPS Act ). THE respondent is stated to have seized one kilo and 50 grams of Ganja from the petitioner on 5-3-1993 at about 9. 30 p. m. and remanded to judicial custody on 6-3-93 at about 9. 00 a. m. for fifteen days. THE petitioner submits that the order of remand is illegal and that the entire story of the prosecution is false and fabricated. THE case of the petitioner is that after the arrest on 5-3-93 at 9. 30 p. m. he was confined in a hotel room and that the petitioner was not informed of the grounds of arrest, nor was he permitted to inform his people or to consult his legal practitioner of is choice. According to the petitioner, all the mandatory procedures prescribed in the NDPS Act were not followed and the petitioner was subjected to untold sorrow. No case has been made out against the petitioner. THE petitioner is an upright man with honest means and he has no previous bad antecedents. He had not committed any offence at any time, much less any offence under the NDPS Act. THE petitioner is a law abiding citizen and he will not flee from justice. THE petitioner will abide by any conditions that may be imposed if he is released on bail.

(3.) SHANMUGHAM alias Shyam has filed a supporting affidavit in Crl. M. P. No. 1098 of 1993 before the learned Principal Sessions judge, Madras in his affidavit, it is stated as follows : SHANMUGHAM alias shyam is an Editor, Printer and Publisher of Arasiyal Tharasu, a political and social weekly. He was returning to his house after his press work through Nungambakkam high Road in his car on 5-3-93 at about 9. 45 p. m. His car was going slowly near ganpat Hotel due to some traffic disturbances. He saw the petitioner and Babu, inspector of Police entering Ganpat Hotel. A police jeep was also found parked near the hotel. He had no reason to suspect anything at that time. He knows the petitioner for about five years and the petitioner was in the family of J. Jayakumar, the brother of Hon'ble Chief Minister. He also knew Babu, the inspector of Police for quite some time. He got information of 6-3-93 that the petitioner had not returned home after he was taken by Babu, Inspector of police, from the house of J. Jayakumar on 5-3-93 at about 9. 30 p. m. Then he recalled to his mind that he had seen the petitioner with Babu, Inspector of police near Ganpat Hotel at Nungambakkam at about 10. 00 p. m. on 5-3-93 while he was returning to his house in his car after his press work. He told his reporters to investigate the matter and find out the truth. Then by repeated investigation found out the truth and located the petitioner at Central Prison, madras on 7-3-93 and the information was passed on to the family of J. Jayakumar. He submits that he is in no way connected with the petitioner, nor he intends to interfere with the course of justice.